header
> Return Home Don't get slammed About FairTel
Latest Edited:
Author:
14 December 2006
Communications Law Centre

DOOR-TO-DOOR AND OVER THE PHONE SALES

Some practices used by service providers keen to build their business can be misleading for you. This is more likely if the consumer has difficulty understanding and/or reading English.

One tactic used may result in a customer’s fixed line telephone service being transferred without his/her knowledge or consent. This is often done through sales at your door and sales over the phone.

  • At the door, you might be asked to sign your name or mark on a form
  • Over the phone, you could be asked to say “yes, I agree.”

The seller then has a record of your signature or voice which they say gives their company permission to transfer your service. If the seller has told you this was needed for a reason other than to transfer your telephone account from your existing company to the seller’s company, or has not explained what you are being asked to agree to, you have been what they call ‘slammed’ into changing your telephone service provider.

Often, the first the customer knows about changing service providers is when they receive their next bill. Examples of how you could be misled by the seller include them:

  • telling you that the company they represent is the same as the your current service provider
  • saying the form you sign is just to ask for further information to be sent to you
  • asking you to sign a form just so he or she can prove they’ve visited you
  • asking you to say yes, that you agree to something during a telephone call just so he or she can prove they’ve spoken to you.

The best way to avoid being ‘slammed’ is to make sure you understand what you are being asked to agree to. Read all information very carefully and ask questions if you don’t understand what the seller is offering you. Never sign anything that you don’t fully understand.

If possible, always ask a friend or family member for advice before you agree to or sign anything. Use an interpreter service if necessary, to make sure you understand what is being offered under what terms.

If you find your telephone service has been changed without your permission, contact the company immediately in writing and ask for the service to be changed back. Let your original service provider know so they can help you return to your original service.

It is best to write a letter to the company outlining your concerns. Request that they reply to your complaint in writing and keep their letter in case you need it in future. If you’re unhappy with their response, you can contact the Telecommunications Industry Ombudsman (TIO) who will work with you to resolve the issue (go to www.fairtel.org.au/complain.asp for contact details).

If you believe that you were mislead, pressured or subject to other unfair sales tactics that breach consumer protection laws, you may also complain to the ACCC or your local Fair Trading or Consumer Affairs office (go to www.fairtel.org.au/complain.asp for contact details).

USEFUL LINKS

Choice (selecting and transferring telephone companies) - ACMA
Protection against slamming (fact sheet) - ACMA
Door-to-door sales - ConsumersOnline.gov.au
Direct marketing (and phone sales) - ConsumersOnline.gov.au

 

spacer